Coon v. Willet Dairy, LP, et al., 536 F.3d 171 (2nd Cir. 2008)

(plaintiff claims that defendant dairy emitted hazardous pollutants in violation of the CWA; court holds that plaintiff waived claim as to any CWA violations before July 1999, that CWA permit shield provision prohibited the action as to any claims between July 1999 and December 2006, and that plaintiff’s RCRA claims are prohibited under RCRA’s non-duplication provision; court holds that defendant did not need CWA permit to construct stock pond on land already used in farming under 33 U.S.C. §1344(f)(2)).